Digital Commons Network^™

Volunteerism And Transition, John D. Feerick, Jessica Thaler

Faculty Scholarship

No abstract provided.

Compensating Fact Witnesses: The Price Is Sometimes Right, Douglas R. Richmond

Hofstra Law Review

Litigation often pivots on the testimony of fact witnesses. Unfortunately, serving as a witness may take people away from their jobs or interrupt their lives. It is therefore understandable that fact witnesses may want to be paid for devoting time to litigation.

It was once the rule that fact witness compensation was limited to statutory witness fees. That limitation rested on several factors, including the concern that greater payments could entice fact witnesses to perjure themselves, might simply influence witnesses to shape their testimony in ways favorable to the parties paying them, couldprice justice out of the reach of some …

Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng

NYLS Law Review

No abstract provided.

The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge

Richmond Journal of Law and the Public Interest

With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …

Forward "Serving Those Who Have Served", Edward G. Simpson Iii, Gregory L. Collins

Richmond Journal of Law and the Public Interest

The Department of Veterans Affairs (VA) is second only to the Department of Defense in the size of its budget and bureaucracy, and the current administration's budget request for the 2015 fiscal year is almost 164 billion dollars.' The VA's annual budget will continue to increase in the coming years as Vietnam War veterans grow older and those who have served in Iraq and Afghanistan return to the civilian population. Virginia alone is home to over 840,000 veterans. Despite the VA's massive budget and our country's growing veteran population, many veterans' issues are not being adequately addressed, and the legal …

Developing Capabilities, Not Entrepreneurs: A New Theory For Community Economic Development, Rashmi Dyal-Chand, James V. Rowan

Hofstra Law Review

This Article presents a contemporary and compelling American context in which entrepreneurship is not a good solution. Despite the enormous potential that entrepreneurship seems to hold for community economic development, it has thus far failed as a framework for widespread and reliable local economic development and poverty alleviation. The reasons for this failure are grounded both in theory and empirical data. This Article takes up the theoretical question. It examines why entrepreneurship theory is a weak foundation for the work of community economic development practitioners. Arguing that the important work of these practitioners is best understood and measured using a …

Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer

Hofstra Law Review

No abstract provided.

Legal Education Reform: An Analysis Of The Current State Of The American Legal Education System Post Maccrate, Matthew Todd Kiefer

Honors Theses

The legal education continuum in the United States is under scrutiny from external and internal forces. This thesis examines a wide range of legal reports that focus on the current state of the most important part of the continuum, law schools. It specifically asks the question whether there is need for significant and possibly comprehensive change in law schools and if so what those changes would need to be. The thesis first explores the history and formation of legal education in America and its regulatory associations. Then it focuses on the MacCrate Report as comprehensive tool for understanding the legal …

"The Majestic Professor Barbara Swartz", Richard Klein, Howard Glickstein, Eileen Kaufman, Jeffrey B. Morris, Thomas Schweitzer, April Schwartz

Touro Law Review

No abstract provided.

Veteranness : Representations Of Combat-Related Ptsd In U.S. Popular Visual Media, Diane J. Keranen

Dissertations, Master's Theses and Master's Reports - Open

Posttraumatic stress and PTSD are becoming familiar terms to refer to what we often call the invisible wounds of war, yet these are recent additions to a popular discourse in which images of and ideas about combat-affected veterans have long circulated. A legacy of ideas about combat veterans and war trauma thus intersects with more recent clinical information about PTSD to become part of a discourse of visual media that has defined and continues to redefine veteran for popular audiences.

In this dissertation I examine realist combat veteran representations in selected films and other visual media from three periods: …

Variations On Nonlawyer Ownership Of Law Firms: The Full Monty, Accommodation Or The (Aba) Stonewall, Charles S. Doskow

MC Law Review

No abstract provided.

It’S Not So Obvious: How The Manifestly Evident Standard Affects Litigation Costs By Reducing The Need For Claim Construction, Samuel Reger

Texas A&M Law Review

Currently, the United States Supreme Court requires a fact-specific approach to determine whether a patent claim is eligible subject matter under 35 U.S.C. § 101, even though, traditionally, this has been considered a question of law. However, recently, the United States Court of Appeals for the Federal Circuit introduced the “manifestly evident” standard. The court held that when it is not manifestly evident that a claim is directed to a patent-ineligible abstract idea, then that claim must be deemed patent-eligible subject matter.

This Comment suggests that the manifestly evident standard, or one similar to it, will reduce litigation costs. This …

Managing Race Relations’ Tensions In Multicultural Societies: A Case Study Of Bradford In Britain, Hassen Zriba

Khazar Journal of Humanities and Social Sciences

Managing cultural differences has become a top priority in many western multicultural societies. Issues of intercultural harmony and social stability loom large in the rhetoric of political governance. Discourses of social cohesion and national unity seem to replace those of multiculturalism and cultural diversity. In this article, I study the discursive consideration of such issues within Britain in general and Bradford city in particular. A critical interpretive perspective is used to scrutinize the linguistic and the discursive strategies employed by a local race-related report Community Pride not prejudice (2001). It is suggested that such report reflected a growing official tendency …

Water For New Mexico Rivers, Beth Bardwell, Adrian Oglesby

Water Matters!

The Rio Grande, the Pecos, the Gila, the San Juan, the Canadian—New Mexico’s rivers are synonymous with the state’s culture and natural heritage. New Mexicans overwhelmingly care about the health of the state’s rivers and that includes flows to support fish and river dependent wildlife. Rivers, wetlands, and riparian areas comprise a very small part of our landscape—a mere 1 percent. This 1 percent plays an essential role in renewing the state’s water supply for its two million residents; for sustaining the state’s second largest industry—tourism; for producing food and fiber; and for sustaining New Mexico’s web of life. Eighty …

Bgsu Graduate College 2014-2015 Catalog, Bowling Green State University

Course Catalogs

Bowling Green State University graduate catalog for 2014-2015.

Dislocation And Relocation: Women In The Federal Prison System And Repurposing Fci Danbury For Men, Anna Arons, Katherine Culver, Emma Kaufman, Jennifer Yun, Hope Metcalf, Megan Quattlebaum, Judith Resnik

Faculty Publications

(Excerpt)

This Report tracks the lack of progress in keeping federal prison space in the Northeast available for women and the impact of the absence of bed-spaces for women on the implementation of federal policies committed to reducing over-incarceration. The problems began in the summer of 2013, when the federal Bureau of Prisons (BOP) announced plans to transform its only prison for women in the Northeast—FCI Danbury—into a facility for men. The BOP explained that this self-described “mission change” was a response to the need to provide more low-security beds for male prisoners.

Written Notice Of Cooling-Off Periods: A Forty-Year Natural Experiment In Illusory Consumer Protection And The Relative Effectiveness Of Oral And Written Disclosures, Jeff Sovern

Faculty Publications

For more than forty years, a standard tool in the consumer protection toolbox has been the cooling-off period. Federal statutes, state statutes, and federal regulations all oblige merchants to give consumers three days to rescind certain contracts. This paper reports on a survey of businesses subject to such cooling-off periods. The study has two principal findings. First, the respondents indicated that few consumers rescind their purchases. Thus, the study raises doubts about whether cooling-off periods benefit consumers or whether they provide only illusory consumer protection. The article also offers speculations about why cooling-off periods have been of such little value …

Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz

Articles

No abstract provided.

Legal Education In Crisis, And Why Law Libraries Are Doomed, James G. Milles

Journal Articles

The dual crises facing legal education - the economic crisis affecting both the job market and the pool of law school applicants, and the crisis of confidence in the ability of law schools and the ABA accreditation process to meet the needs of lawyers or society at large - have undermined the case for not only the autonomy, but the very existence, of law school libraries as we have known them. Legal education in the United States is about to undergo a long-term contraction, and law libraries will be among the first to go. A few law schools may abandon …

20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins

Journal Articles

No abstract provided.

Office Of Criminal Justice Programs Annual Report 2012-2013, Tennessee. Department Finance & Administration.

Office of Criminal Justice Programs

No abstract provided.

The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay

Cardozo Journal of Conflict Resolution

This Note examines how arbitration and mediation can be injected into the online copyright debate to better serve the interests of all parties. First, this Note addresses past litigation models to compare the benefits and costs of using the courts to resolve piracy issues. The history of litigation against mass peer-to-peer file sharers and individual downloaders is an important aspect to this story. Next, this Note describes the current state of copyright laws and how SOPA and PIPA would alter copyright protection against foreign piracy. Copyright holders, predominately represented by the Recording Industry Association of America, and content hosts, such …

What’S Love Got To Do With Lawyers? Thoughts On Relationality, Love, And Lawyers’ Work, Eli Wald, Russell G. Pearce

Faculty Scholarship

In a new and provocative book, Rob Vischer has challenged the neutral partisan conception of the lawyer and the legal profession’s reductive presumption that all clients wish to pursue atomistic self-interest irrespective of the consequences to others. Vischer’s use of the teachings of Martin Luther King, Jr. and of Christian theology as a foundation for an alternative, and richly relational, account of law practice is both inspiring and effective.

To debunk the presumption that clients seek narrow self-interest, which the book argues is a powerful component of the neutral partisan conception, Vischer compellingly asserts that clients are relational beings often …

Cracks In The Profession's Monopoly Armor, John Sahl

Akron Law Faculty Publications

This article examines the legal profession’s long-held monopoly in the nation’s legal services market in the context of two recent developments. The first development concerns the Conference of Chief Justices’ (CCJ) recent adoption of Resolution 15, “Encouraging Adoption of Rules Regarding Admission of Attorneys Who Are Dependents of Service Members.” Resolution 15 urges state bar authorities to develop and implement rules permitting admission without examination of lawyers who are military dependents. The CCJ’s rule promotes competition by facilitating the movement of lawyers from one geographic market to another.

The second development is Washington Supreme Court’s new Admission to Practice Rule …

How Has India's Rapidly Growing Ict Sector Impacted Its Rural Poor?, Jasmine Bartolome

University Honors Theses

In this analysis I examine India’s most thriving sector, information and communication technology (ICT). Over the past two decades, India's ICT sector has grown at a rapid rate compared to world standards and has become their specialized area of economic interest. Employment in this sector generally requires highly skilled, educated, English-speaking workers. The majority of India’s population live in rural areas, with little to no access to education; thus, they have major boundaries to participating in India’s booming growth.

I inquire into the relationship and correlation between the Indian ICT sector and the socioeconomic livelihood of rural citizens, as measured …

Tributes To Professor Susan Leviton

Maryland Law Review

No abstract provided.

Pricing Clinical Legal Education, Robert R. Kuehn

Scholarship@WashULaw

Some blame the cost of clinical legal education for high law school tuition. They argue that, regardless of the educational and employment benefits to students, clinical legal education, and law clinics in particular, are too expensive to expand or require for all students in a time of decreasing law school enrollments and revenues. This Article is an empirical examination of these claims. Reviewing tuition, curricular and enrollment data from all law schools, this Article demonstrates that 84% of law schools already have the capacity to provide a clinical experience to every student without adding courses or faculty, although only 18% …

Law Schools And The Legal Profession: A Way Forward, Peter A. Joy

Scholarship@WashULaw

Publicity about law schools for the past several years has been consistently bad. In news article after news article, the unifying theme has been that that there are too many lawyers, too many law schools, and that going to law school for a legal career is either a costly, risky proposition or simply a bad idea.' Of course, these laments about the legal education and the legal profession stem from the decline in the employment for lawyers in the United States since the financial crisis of 2008. While some see this simply as a mismatch in supply and demand - …

Modest Response To A Simple Proposal, Camille Nelson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle

Scholarly Articles in Law Reviews & Journals

Discusses legal employment and salary and how legal education can address the current market.